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H0173............................................by RESOURCES AND CONSERVATION OUTFITTERS AND GUIDES - Amends existing law to provide regulatory jurisdiction to the Outfitters and Guides Board over former licensees for violations which occurred during the period of licensure; and to authorize administrative action. 02/06 House intro - 1st rdg - to printing 02/07 Rpt prt - to Res/Con 02/14 Rpt out - to Gen Ord 02/19 Ret'd to Res/Con
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 173 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO REGULATION OF OUTFITTERS AND GUIDES; AMENDING SECTION 36-2113, 3 IDAHO CODE, TO PROVIDE REGULATORY JURISDICTION OVER FORMER LICENSEES FOR 4 VIOLATIONS WHICH OCCURRED DURING THE PERIOD OF LICENSURE; AND AMENDING 5 SECTION 36-2117A, IDAHO CODE, TO AUTHORIZE ADMINISTRATIVE ACTION, TO PRO- 6 VIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 36-2113, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 36-2113. REVOCATION OR SUSPENSION OF LICENSE -- GROUNDS. (a) Every 11 license shall, by virtue of this chapter, be subject to suspension, revoca- 12 tion, probation or other restriction by the board for the commission of any of 13 the following acts: 14 1. For supplying false information or for failure to provide information 15 required to be furnished by the license application form for a license 16 currently valid or for other fraud or deception in procuring a license 17 under the provisions of this chapter. 18 2. For fraudulent, untruthful or misleading advertising. 19 3. For conviction of a felony. 20 4. For two (2) or more forfeitures of any deposits of money or collateral 21 with a court or administrative agency or for a conviction for violation of 22 regulations of the United States forest service or the bureau of land man- 23 agement. 24 5. For unethical or unprofessional conduct as defined by rules of the 25 board. 26 6. For conviction of any violation of any state or federal fish and game 27 or outfitting and guiding laws. 28 7. For a substantial breach of any contract with any person utilizing his 29 services. 30 8. For willfully (i) operating in any area for which the licensee is not 31 licensed, or (ii) engaging in any activity for which the licensee is not 32 licensed. 33 9. For the employment of an unlicensed guide by an outfitter. 34 10. For inhumane treatment of any animal used by the licensed outfitter or 35 guide in the conduct of his business which endangers the health or safety 36 of any guest or patron or which interferes with the conduct of his busi- 37 ness. 38 11. For failure by any firm, partnership, corporation or other organiza- 39 tion or any combination thereof licensed as an outfitter to have at least 40 one (1) licensed outfitter as designated agent conducting its outfitting 41 business who meets all of the qualifications and requirements of a 42 licensed outfitter. 43 12. For the failure to provide any animal used by the licensed outfitter 2 1 or guide in the conduct of his business with proper food, drink and 2 shelter, or for the subjection of any such animal to needless abuse or 3 cruel and inhumane treatment. 4 13. For failure of an outfitter to serve the public in any of the follow- 5 ing ways: (i) by nonuse of license privileges as defined by rules of the 6 board, (ii) by limiting services to any individual, group, corporation or 7 club that limits its services to a membership, or (iii) by not offering 8 services to the general public. 9 14. For violation of or noncompliance with any applicable provision of 10 this act, or for violation of any lawful rule or order of the outfitter 11 and guide board. 12 (b) For the purposes of this section, the term "conviction" shall mean a 13 finding of guilt, an entry of a guilty plea by a defendant and its acceptance 14 by the court, or a forfeiture of bail bond or collateral deposited to secure a 15 defendant's appearance, suspended sentence, probation or withheld judgment. 16 (c) In addition to the penalties imposed in this section, the board may 17 impose an administrative fine not to exceed five thousand dollars ($5,000), or 18 the administrative costs of bringing the action before the board including, 19 but not limited to, attorney's fees and costs of hearing transcripts, for each 20 violation of the provisions of this chapter. 21 (d) The jurisdiction and authority of the board pursuant to this section 22 and section 36-2114, Idaho Code, extends to any former licensee for a viola- 23 tion of this section which occurred during the period of licensure. 24 SECTION 2. That Section 36-2117A, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 36-2117A. ADMINISTRATIVE AND CIVIL PENALTY FOR VIOLATIONS. (a) The board 27 or its designated agent may commence and prosecute before the board an admin- 28 istrative action or in district court a civil enforcement action against any 29 person who is alleged to have violated this chapter or anyregulationrule 30 promulgated pursuant to this chapter. The board shall not be required to ini- 31 tiate or prosecute an administrative action before commencing and prosecuting 32 a civil action. 33 (b) No civil proceeding may be brought to recover for a violation of this 34 chapter or anyregulationrule promulgated pursuant to this chapter more than 35 two (2) years after the board had knowledge of the violation. 36 (c) The administrative or civil penalty for violation of the provisions 37 of this chapter or anyregulationrule promulgated pursuant to this chapter 38 shall notbe less than one hundred dollars ($100) nor more thanexceed five 39 thousand dollars ($5,000) for each separate violation. 40 (d) Any person who is found to have violated any provision of this chap- 41 ter or anyregulationrule promulgated pursuant to this chapter shall be 42 assessed the board's costs, including the reasonable value of attorney's'ser- 43 vices, for preparing and litigating the case. 44 (e) Fifty percent (50%) of all moneys collected under this section shall 45 be deposited with the state treasurer, and the state treasurer shall credit 46 the same to the Idaho outfitters and guides boardaccountfund, and fifty per- 47 cent (50%) of the moneys shall go to the generalaccountfund in the state 48 operating fund.
STATEMENT OF PURPOSE RS 12707 This legislation addresses two issues facing the Idaho Outfitter and Guide industry and Licensing Board concerning unlicenced outfitters and guides. It clarifies the administrative authorization of the Licensing Board with administrative authority to resolve complaints involving activities of unlicenced outfitters and guides. This legislation is supported by the Idaho Outfitter and Guides Association (IOGA). FISCAL IMPACT There will be a fiscal impact to the Licensing Board for the costs incurred, pursuing actions against unlicenced outfitters and guides. The Board has the authority to recover costs if it is successful in those actions. Contact Name: Jake Howard, Idaho Outfitters and Guides Licensing Board Phone: (208) 327-7380 STATEMENT OF PURPOSE/FISCAL NOTE H 173